Prevention of Future Deaths reports · 2016

Kevin Hefferman

Regulation 28 report to prevent future deaths, reference 2016-0381, written 25 Oct 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report25 Oct 2016
Reference2016-0381
DeceasedKevin Hefferman
CoronerGraham Danbury
Coroner areaHertfordshire
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

CORONER’S OFFICE
AREA OF HERTFORDSHIRE

The Old Courthouse, St Albans Road East, Hatfield, Hertfordshire,
AL10 OES
OX: 100702 Hatfield
Tel: 01707 292780 Fax: 01707 897399

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS

THIS REPORT IS BEING SENT TO:
Mr Jim O'Sullivan
Chief Executive
Highways England
Federated House
London Road
Dorking
Surrey
RH4 18Z
CORONER

lam Graham Danbury, Deputy Coroner for Hertfordshire

CORONER’S LEGAL POWERS

| make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and
regulations 28 and 29 of the Coroners (investigations) Regulations 2013.
http:/Avww.legislation.gov. uk/ukpga/2009/25/schedule/5/paragraph/7

http://www. legislation.gov.uk/uksi/2013/4629/part/7/made

3 INVESTIGATION and INQUEST
On 28/03/2016 | commenced an investigation into the death of Kevin Andrew Heffernan, 49.
The investigation concluded at the inquest on 25 October 2016.
The conclusion was Road Traffic Collision.

4 CIRCUMSTANCES OF THE DEATH

On 27" March 2016 at approximately 11.35 pm Mr Heffernan was the sole occupant of his BMW
X5 which he was driving westbound on the M25 in the 3” or 4" lane. Weather conditions were
poor, with high winds and heavy rain as Storm Katie was crossing southern England. At a point
ial west of Junction 23, approaching the point where the motorway crosses

his vehicle veered to the left, colliding with 2 other vehicles and leaving the
motorway through the nearside bridge barriers, falling approximately 15 foot and landing on it's
roof. Mr Heffernan's death was confirmed at the scene. The cause of death was Multiple
Traumatic Injuries
CORONER’S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to concern. In my
opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it
is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows. —

(1) Police officers who attended the scene noticed, in addition to standing water on the
carriageway, a flow of water across the westbound carriageway at or near the point
where the BMW began to veer to the left. They measured the flow of water as being
approximately 16 metres wide flowing towards the nearside.

A police officer gave evidence that in the 5 years prior to this incident 18 collisions had

been recorded at this spot, with rain or water on the carriageway mentioned in 6 cases.

(3) The evidence of the police officers was that this flow of water may well have been a
contributory factor in Mr Heffernan losing control of his vehicle, and that it could be a
source of danger to road users in cases of heavy rain.

ACTION SHOULD BE TAKEN

in my opinion action should be taken to prevent future deaths and | believe you have the power
to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this report, namely by
20 December 2016. |, the coroner, may extend the period.

Your response must contain details of action taken or proposed to be taken, setting out the
timetable for action. Otherwise you must explain why no action is proposed.

COPIES and PUBLICATION

| have senta = of my report to the Chief Coroner and to the following Interested Person: ||

widow of the deceased..
| am also under a duty to send the Chief Coroner a copy of your response.
The Chief Coroner may publish either or both in a complete or redacted or summary form. He
may send a copy of this report to any person who he believes may find it useful or of interest.
You may make representations to me, the coroner, at the time of your response, about the
release or the publication of your response by the Chief Coroner.

Dated 25 October 2016

van)

Signature. een 2
Deputy Coroner for Hertfordshire

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Highways England (PDF)
.

highways
england

Our ref:

Mr Graham Danbury

Hertfordshire Coroner's Office
The Old Courthouse

St Albans Road East

Hatfield

Hertfordshire

AL10 OES

Dear Mr Danbury

Bridge House

Guildford GU1 4LZ

22 February 2017

Response to Regulation 28 Report to Prevent Future Deaths

Kevin Andrew Heffernan 27" March 2016

| refer to your Regulation 28 Report resulting from the inquest into the tragic death of
Kevin Andrew Heffernan on the 27" March 2016 which was received by Highways

England on 2" February 2017.

Highways England Company Ltd (throughout referred to as “Highways England”)
accepts the circumstances of the death as outlined in paragraph 4 of the Regulation 28
Report dated 25 October 2016. Highways England would like to extend sincere
condolences to the family of Mr Heffernan for their sad loss.

We note your concerns outlined in paragraph 5 of the report regarding a flow of water
across the westbound carriageway at or near the point where Mr Heffernan’s vehicle

began to veer to the left.

The section of carriageway where Mr Heffernan’s incident occurred was subject to a
range of major improvements which widened the M25 t four lanes between junction 16
and junction 23; these works were completed in the spring of 2012. These
improvements were designed to the specification and standards applicable at the time
and were subject to a range of design and safety checks/audits. Where it was found that
the design specification could not be met then a “departure from standard” would have

been approved at the time.

Action taken or to be taken by Highways England

We have undertaken aninitial investigation of the section of carriageway in question

with the following findings:

Registered office Bridge House, 1 Walnut Tree Close, Guildford GU1 412

Highways England Company Limited registered in England and Wales number 09246363

yr ¢ ™y INVESTORS
* IN PEOPLE

Pavement Condition

An analysis of surface characteristics at this location did not find any issues in relation
to rutting, longitudinal profile or skidding resistance and is therefore considered within
design tolerances. It should be noted that the skidding resistance (SCRIM) is measured
using a method designed to mimic wet road conditions.

Carriageway Geometry

Our records for this section show that the crossfall (the slope of the carriageway
perpendicular to the direction of travel) of the road surface changes direction prior to the
point where Mr Heffernan’s vehicle started to move out of lane. The gradient (the slope
of the carriageway parallel to the direction of travel) before and after this point is within
normal design parameters. It is a characteristic of highway design that crossfall change
will result in an increased depth of water flowing across the carriageway, in more
extreme periods of rainfall. This is not an uncommon feature in highway geometry and
is taken into design consideration.

Drainage Condition

On 15" March 2016 the gully gratings in this location were cleared of debris to ensure
no obstruction to water flowing from the carriageway. On19th April 2016 a full clean of
the gullies on the anti-clockwise carriageway of the M25 between junctions 23 and 22
was carried out, along with sweeping of the v-channel: no issues affecting the operation
of the drainage were identified at this time.

Following your report we will undertake a further review of the design of this section of
carriageway. This will include analysis of the design considerations that were made as
part of the major improvement scheme and this is due to be completed in the spring of
2017.

Publication

Highways England is content for this response to be published in full.

Please advise if ! can be of further assistance.

Yours sincerely

Asset Delivery Manager

gt Mog, ar
Ragistered office Bridge House, 1 Wainut Trae Close, Guildford GU4 4LZ £ S/F INVESTORS
Highways England Company Limited registered in England and Wales number 09346363 4 A IN PEOPLE
a

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